In Ontario, family law does not favor one parent over the other based on gender. Instead, the law focuses on the best interests of the child when determining parenting arrangements and responsibilities. Fathers, whether married, common-law, or separated from the child’s mother, have equal legal rights and responsibilities toward their children.
Custody and Decision-Making
Fathers can seek either:
- Sole Decision-Making Responsibility – The father makes all major decisions about the child’s welfare, including education, health care, and religion.
- Joint Decision-Making Responsibility – Both parents share the authority to make major decisions together.
Decision-making responsibility used to be called “custody,” but under the Divorce Act (2021 amendments) and Ontario’s Children’s Law Reform Act, the language has changed to reflect more neutral, child-focused terminology.
Parenting Time (Access)
Fathers also have the right to parenting time, which refers to the time the child spends in their care. This can range from shared parenting (equal or close to equal time) to a schedule that fits the child’s best interests and the parents’ circumstances. Courts aim to ensure children have maximum contact with both parents, provided it is safe and appropriate.
Child Support and Responsibilities
Along with rights, fathers have responsibilities, such as:
- Providing financial support for their children, even if they do not have decision-making authority or full parenting time.
- Ensuring the child’s needs are met during their parenting time, including safety and well-being.
Unmarried and Common-Law Fathers
Fathers who were never married to the child’s mother have the same legal rights to seek decision-making responsibility and parenting time. However, they may need to establish paternity through a birth certificate or court order before exercising these rights fully.
